Memorandum ofMutual Support 

Between the 

Oglala Sioux Tribe Department of Public Safety 

and the Pennington County Sheriff's Office 

I. Purpose 

This Memorandum ofMutual Support ("Agreement") is made by and between the Oglala 

Sioux Tribe Department ofPublic Safety (OSTDPS) and the Pennington County Sheriff's Office 

(PCSO) in the spirit of cooperation and collaboration and is not intended as obligations that may 

be compelled by either party ifboth parties are not in full agreement. This Agreement represents 

the beliefthat these commitments will be ofmutual benefit to the parties and the people they 

serve. The purpose ofthis Agreement is to establish guidelines for providing support services by 

both agencies, clarifying the respective jurisdictions ofOSTDPS and the PCSO in certain matters 

involving public safety and emergencies, and to provide for the effective and efficient 

administration ofpublic safety services in the jurisdictions ofthe OSTDPS and PCSO. 

RECITALS 

A. Whereas, there is a significant increase in violent crimes within the exterior boundaries of 

the Pine Ridge Indian Reservation including murder, assault, gun violence, and drugs, and 

B. Whereas, there is a critical need to respond to missing persons, and 

C. Whereas, there is a need to collaborate with surrounding jurisdictions in order to respond 

to emergencies that include violent crime, drugs, natural disasters, and other emergencies, 

and 

D. Whereas, the Oglala Sioux Tribe Department ofPublic Safety is severely underfunded and 

understaffed, and 

E. Whereas, Pennington County has a Native American resident population ofmore than 

10% ofits total population with many having ties to the Pine Ridge Indian Reservation, 

and 

F. Whereas, both parties to this Agreement desire to cooperatively work together in a manner 

that allows for mutual aid and support in their efforts to respond to incidences threatening 

public safety, and 

G. Whereas, the parties recognize there are cultural differences in the populations they serve 

and are determined to collaborate in developing and promoting an understanding ofthose 

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cultural differences and responding to requests for assistance bearing in mind those 

understandings towards the people they serve, and 

H. Whereas, both parties recognize the jurisdiction of each party and respects the other 

party's authority and neither intends to cross the jurisdictional boundaries ofthe other in 

the course ofresponding to a call for law enforcement assistance unless specifically 

requested by the other in accordance with this Agreement, and 

I. Whereas, the Pine Ridge Indian Reservation should not be a safe-haven for those who 

connnit violent crime including drugs, gun violence, and assaults off-reservation and 

J. Whereas, this Agreement is not a cross-deputization agreement but only a framework to 

guide the cooperative and collaborative efforts ofthe parties in addressing the public's 

safety. 

IT. OSTDPS Jurisdiction 

The OSTDPS derives its jurisdiction in the Pine Ridge Indian Reservation from the Oglala 

Sioux Tribe Constitution and pursuant to P.L. 93-638 Indian Self-Determination and Education 

Assistance Act (25 U.S.C. § 5301 et.seq.) contract and the 1868 Treaty with the Sioux. 

The responsibilities ofOSTDPS include, inter alia, the enforcement oftribal law within 

the exterior boundaries ofthe Pine Ridge Indian Reservation and any lands within the jurisdiction 

ofthe Oglala Sioux Tribe, in cooperation with appropriate federal and state law enforcement 

agencies, as well as the investigation, enforcement, and presentation for prosecution of cases 

involving violations oftribal and federal laws (e.g. Major Crimes Act) as they pertain to the 

Oglala Sioux Tribe. 

III. Pennington County Sheriff's Office Jurisdiction 

The Pennington County Sheriff's Office derives its jurisdiction from South Dakota 

Codified Laws. The jurisdiction ofthe PCSO includes felony and misdemeanor crimes 

connnitted by individual against the persons or property within Pennington County. 

The responsibilities ofthe PCSO shall include the enforcement oflocal and state law 

within Pennington County and, in cooperation with appropriate federal, State, and local law 

enforcement agencies, providing assistance with the investigation, enforcement, and presentation 

for prosecution of cases involving persons within Pennington County. 

IV. OSTDPS Responsibilities under this Agreement 

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1. Request aid or support from PCSO as deemed necessary solely in the discretion ofthe 

OST DPS. 

2. Respond to request for aid or support from PCSO as deemed necessary solely in the 

discretion ofthe OST DPS. 

3. The OSTDPS Chief ofPolice will ensure that law enforcement personnel ofOSTDPS 

shall have received adequate training, with particular attention to report writing, 

interviewing techniques and witness statements, search and seizure techniques, and 

preservation of evidence and the crime scene. Appropriate procedures shall be followed 

with respect to the storage, transportation and destruction of and access to evidence and 

related documents and other materials acquired during this Agreement. 

4. Consistent with the availability ofresources, the OSTDPS will offer specialized training to 

the PCSO including cultural competency training. Training will be provided contingent 

on staffing levels and funding availability. 

5. Consistent with limitations regarding confidentiality, the requirements ofthe Privacy Act, 

and any other applicable laws, and respective policies and procedures, the OSTDPS and 

the PCSO will cooperate on investigative matters ofmutual interest and exchange 

intelligence and investigative reports as appropriate. 

V. Responsibilities of Pennington County Sheriff's Office 

1. The PCSO will ensure that law enforcement personnel ofthe PCSO shall have received 

adequate training, with particular attention to report writing, interviewing techniques and 

witness statements, search and seizure techniques, and preservation of evidence and the 

crime scene. Appropriate procedures shall be followed with respect to the storage, 

transportation and destruction of and access to evidence and related documents and other 

materials acquired during this Agreement. 

2. Consistent with the availability ofresources, the PCSO will offer specialized training to 

the OSTDPS. Training will be provided contingent on staffing levels and funding 

availability. 

3. Consistent with limitations regarding confidentiality, the requirements ofthe Privacy Act, 

and any other applicable laws, and respective policies and procedures, the OSTDPS and 

the PCSO will. cooperate on investigative matters ofmutual interest and exchange 

intelligence and investigative reports as appropriate. 

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VI. It is mutually understood and agreed upon between the parties that: 

1. Requests for mutual aid and support include certain law enforcement activities, e.g. 

vehicle pursuits traveling on/off the reservation, incidents involving special/tactical 

response such as active shooter incidents, real-time kidnapping, search and rescue of 

missing persons, natural disasters, and other emergency response events in accordance 

with this Agreement. 

2. Mutual aid may include collaboration between the parties on vio.lent crimes which affect 

either jurisdiction. 

3. Request for Assistance. Either Party may request assistance from the other if a 

determination is made that there exists an emergency that is of such magnitude that the 

physical resources ofthe requesting Party are, for any reason, inadequate to safely and 

expeditiously address and respond to the incident. 

4. Response to Request. Either Party may receive a request for assistance under this 

Agreement from the other Party and the responding party shall be the sole judge ofthe 

type and extent of assistance, if any, that may be provided. No party shall be liable to any 

other party for failing to respond to a request for assistance, or for any deficiency in the 

nature or extent of assistance that is provided. 

5. To the extent they are or should be knowledgeable and able, all parties shall utilize a 

command structure compliant with requirements ofthe Incident Management System in 

place by the requesting jurisdiction. To the extent they are able, parties shall also make 

every effort to ensure common communications frequencies are utilized. 

6. This Agreement is not an obligation or commitment offunding. Unless otherwise agreed 

in writing, each party will bear its own costs in relation to this Agreement. Expenditures 

by each party will be subject to its budgetary processes and to availability offunds and 

resources pursuant to applicable laws, regulations, and policies applicable to their 

respective agency. 

7. Equipment and Personnel: 

a. Each party shall be responsible for providing and maintaining its own equipment and 

for any and all ofits personnel and equipment costs when acting under the Agreement. 

Each party shall retain ownership of any equipment or property it brings when 

responding to a request for assistance from another party to this Agreement. 

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b. Neither party shall be reimbursed by the other party for any costs incurred during 

operations pursuant to this Agreement. 

8. Modification. Modifications to this Agreement will, at regular intervals, be subject to a 

thorough review to determine if changes are appropriate. Modification ofthis Agreement 

shall be made in writing by consent ofboth parties upon the approval ofthe Oglala Sioux 

Tribe Tribal Council. 

9. Term. This Agreement will be effective upon signing by both parties and continue with 

reviews at regular intervals with the allowance for either party to opt out at any time with 

30 days prior written notification to the other Party. Opting out ofthis Agreement shall not 

have any effect on any other or future agreements the parties may reach in other areas of 

mutual interest. 

10. The parties agree to be responsible for the negligent and wrongful acts and omissions of 

their respective employees while operating under the terms ofthis Agreement. 

11. The provisions set forth in this Agreement are solely for the purpose ofinternal guidance 

of components ofmutual aid and support between the Parties. 

12. This Agreement does not, is not intended to, shall not be construed to, and may not be 

relied upon to create any substantive or procedural rights enforceable at law by any party 

in any matter, civil or criminal. 

13. This Agreement does not, is not intended to, and shall not be construed to exclude, 

supplant or limit otherwise lawful activities ofthe OSTDPS or PCSO. 

VII. No Waiver of Sovereign Immunity 

It is understood that the Oglala Sioux Tribe is a sovereign tribal nation and that this 

Agreement shall not be construed to waive the Tribe's sovereign immunity. 

VIII. Complete Agreement. 

This document constitutes the full and complete agreement between the OSTDPS and the 

PCSO as approved by the Oglala Sioux Tribal Council by OST Resolution No. 22-__. By 

subscription oftheir signatures below the parties acknowledge that they have read, understand, 

and will abide by the foregoing statements. 

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Cl q/ e, I /-z.,,, -e,-,,

CS' Date 

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Sheriff, Pennington County Sheriff's Office Date 

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